The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-05-17

in special cases,the Commission
could under this exception give relief
against auch Hardship, and 1t was under
this idea tina. the committee inserted this
provision and exception to the rule,
simply to enab.ethe Commission to rolieye
against injustice and In special cases il It
should be mado to appear that injus,ice
was being caused by the enforcement OF
the rule. What injury Ia done or
can be done to the shipper at Chicago, St.
Louis or New OrleanB by requiring him to
pay as much and 10 more for similar
carload from sny intermediate point on
one OF these lines to New York? In such
q Gaze the persons who have a right to
complain are thoee nearer to the point of
destination who are required to pay aa
much AS these further oil. The iramers
OF the commerce law could not determine
upon more equitable rule thaa tho one
adopted, that more should not be charged
for the shorter than for the longer dis.
tance, subject to the qualification, how
ever, that this language should not be
construed to authorize charging as much
for the shorter az for the longer haul, il
that should be unreasonable.
THE LONG AND SHORT HAUL.
"The rule OF the fourth section that
more shall not be charged for the shorter
than for the long haul, is no. the adoption
OF a new principle. 1t ia forbidden BY
the Constitutions Of tho States OF Pennsyl.
vsnia, Missouri, Arkansas and California,
and is also forbidden by the act of the
Legislature OF Massachusetts,. Undor this
law, which specially favoss long hau!s, it
ia eaey to demonstrate that railroads may
carry freight over the long haul between
competitive points for leaa than the cost
oi transportation, and at the sans time
make good profits by charging more than
the cost OF transportation on the ehort
hauls.
"But you may inquire how about the
competition OF the water ways. All
say now on that subject is that it would
offend the common eenee OF mankind, and
be criminal disregard OF the rights OF tho
people, for Congress or the Commission to
so manage as to deprive the people Of the
cheaper transportation afforded bv tho
water ways. This can only be done by al.
lowing the railways to carry frei2hts below
tho cost of transportation and thereby
causing unjust exactions on way freichis
to make up the loss OF revenue by the
roads and to pay ior depriving the people
OF cheap water transportation.
ut it the duty OF Congress, in the inter-
est OF the freedom OF trsde, to guard
against placing restrictions and cnlbarrass-
ments upon water transportation, 10 allow
commerce TO continue to flow through the
natural channels Of trade. No Govern.
ment on earth would dare pass a law to
prevent the carrisge Of i.s commerce on
the natural water wGye, yet that it is Whist
in substance your Commission is asked to
do by tho railroad compan.ea.
"Why should Norfolk, Wilmington,
Charleston, Savannah, Pensacola, Mobile,
New Orleans, Galveston, Corpus Christi
and other sea coast cities bo required to
give up their commerce, and the people
be required to pay higher rntco Of treishts
and DO subject 10 exsctio1s and unjust
determinations for the benefit OF the rail-
road corporations? But there js another
question lar moro important .han any OF
these which must ba Conaidered in con-
STRUNG the fourth section Of this act, and
which | lear has not with sutiiciea, iorco
arres:eG tho attention oi thB Commission.
You can tind any anount CT proof that
people who have suffered injury by the
DETERMINATIONS and excessive charges of
railroad companies are afraid to sue them
tor dsmages or prosecute them, becarse
they cay il thsy do 80 the raiirosd, by
other dsscrininationB and exac;ions, will
ruin them in their busineSs, nnd It Ia no.
torions TINT such has boon IL many cases
their policy.
ENFORCEMENT OF THE FOURTH SECTION.
snow, II tho Commission shall tetuse 10
enforce the fourth section OF tho law it
will leave TO the railroads oil their power
Of terrorizing aud intimiuating tho pcople
of tho various localities through which
thOir several roada pass, End thus enable
them to avoid damage euite and criminn,
prosecutions under other prorsionu OF Tn.
law, end it will enable their onicevs 10
continue 10 bo manufacturers, pruIucers
and merChants aR nov, and 10 carry on
DETERMINATIONS in favor OF the p,accs
where they do Ruch bualncGR, even il the
Commieeion eha!l faithfully enforce all
the other provisions Of tho law, aud I
most ea.nostly beg that you md tho Com.
miesion may consider thiu feature Of this
question bsfore the final determination Of
tho course it will adopt 40 10 tho fourth
tectioh.
"0n the subject o! tho danger to our
American reads arising from tho compoti.
ton OF Canadian roads, II yon will pardon
me can but repeat what enii in tho
Forty.soyentlt Congress: 1t would seem
that tlore Is hut one thing which comee
as near aa tho Reagan bill to giving rA;l.
road men aud ndvccslrs tho nightmare,
and that Ia the lear oil tho competition Of
tue Cauada roads.
~ see that m effort hnG been made 10
give q construction to tho woulp in The
fourth section Of tho Commerce aes, sUn.
dor substantially eimilnr circumptuncos
and conditions, which WIN not Thought OF
whom this section was being framed. This
committee belioyed it 10 DO necepsayy Ia
put some language in the act which would
cnabie them, roads to relieve irlite, veg.
etable3 R,.1 other periahAhls nrtirles from,
tho delay which often mud nccft4lsrjiy nj.
tonds tho traasIortation oInEtiellu OF com.
mnrce not Of n perlahablo nature, 'Stcgp
words were put in the section to enable
them to givo apecial lacililicu for tho OK
pedltioua transportation Of ruch articles
In order TO prevent loss or injury. They
were not put in tho law To enable th,
transportation companiOB to allow chcnncl
ra,ea for large Bhipmpnls than for small
To do thlp, would be to did onn monopol,
10 build up othefR."
POWERS or THE COMMISSION.
In concluding his letter Senator lleugar
Bayn: " have tried to show, iirut, that III,
Commission has no power to suspend